Legislature(2001 - 2002)
02/13/2001 03:39 PM House MLV
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SJR 8 - VOTING SITES AT MILITARY INSTALLATIONS CHAIR CHENAULT announced that the next order of business would be CS FOR SENATE JOINT RESOLUTION NO. 8(STA), Relating to supporting polling places at military installations. He confirmed that Shelly Growden and Carol Thompson from the Division of Elections were online. Number 1959 SENATOR LOREN LEMAN, Alaska State Legislature, sponsor of SJR 8, explained to members that SJR 8 addresses a situation that arose about a year before the last general election. It "came to a head" during the summer, he said, and the challenge was averted by congressional action. SENATOR LEMAN offered some history. For years, military personnel in Alaska who lived on bases and posts were able to vote on their bases or posts, right in their own neighborhoods. There was access to schools or other facilities on these bases and posts to conduct the elections. It was a good thing, and it was convenient. However, in December 1999, the U.S. Department of Defense issued a directive that advised installation commanders not to allow their facilities to be used for polling or voting sites. This was temporarily averted by amendments placed in an appropriations bill that made the effective date of that directive December 31, 2000, after the last general election. SENATOR LEMAN pointed out that this year there will be a wave of municipal elections; the first election occurs in April in the Municipality of Anchorage, his own community. Election officials must start planning months in advance. If something isn't done, there is concern about having access to polling places by military personnel on Alaska's four military installations. SENATOR LEMAN advised members that there are two ways to remedy the directive's impacts. First, the Department of Defense could rescind its directive. Second, there could be congressional legislation that tells the Department of Defense it isn't illegal to allow voting on the military installations, and that discretion would be left with the base or post commander; it would be similar to federal H.R. 5174 [copy in committee packets]. Senator Leman said SJR 8 does the first, and Congress is already working on the second. SENATOR LEMAN voiced his belief that military men and women should be able to exercise the same right that they defend for others: the right to vote. He commended the Division of Elections and the election officials online for doing a fine job of making voting available to as many Alaskans as possible. Number 2135 REPRESENTATIVE MURKOWSKI asked whether only Alaska, Hawaii, and possibly one other state actually have voting on military installations. SENATOR LEMAN said he believed so. He suggested other states should be as forward-thinking as Alaska in making voting available. He stated his understanding that the directive had been previously issued "but in many cases it was sort of understood that the commanders sort of could ignore it." When the directive came down this time, however, it caused concern. That is why there is strong action being taken by Congress, he indicated, which he believes is appropriate. Number 2217 REPRESENTATIVE HAYES referred to a letter in packets from the General Counsel of the Department of Defense. He said it sounds as if the basis of the argument for not allowing voting on military bases relates to a strict policy of separating military activities from political activities. He asked, "Do we have a response to that, other than we want to allow better access to our military members to vote?" SENATOR LEMAN replied: My response is that bases and posts are homes to ... the people who are assigned to work there and live there. And just like we treat our neighborhood polling places, polling should be available to them, to be as convenient as possible. One of the things the military has done ... is try to locate - with the local officials - locate polling places where it wasn't obviously in an area of engagement. ... And that's why schools have been good locations. ... You don't necessarily want to have people confronting military activity. You want them to come to a place where they feel secure, safe, private, and all these things that we expect of a polling place, and yet there's been ... no effort that I'm aware of to ever ... connect military voting with any overt political activity. We just want to see people engaged in -- and are allowed, and make it convenient for them to participate in voting. ... Nobody's telling them how to vote; there's ... no activity like that that would be associated with it. Number 2298 REPRESENTATIVE HAYES said he likes this resolution a great deal. However, he would like additional language. If voting is allowed on posts and bases, he said, his opinion is that campaigning for candidates who live in that district should be allowed there also. Although it would be construed as more partisan, if the desire is to make the living environment and home environment for military members more accessible and convenient, that would go hand in hand. SENATOR LEMAN responded that he doesn't disagree. It is a little frustrating, with the high turnover rate, to have the inability to interact at the same level with the people whom he represents at Elmendorf Air Force Base (AFB) as is possible with others in his community. For example, he cannot go door to door there, which he respects. He has suggested, however, community forums in which all candidates can participate, particularly in local elections; he believes that if community activities like that are conducted properly, it could be beneficial for [military personnel] as well as the rest of the community. Number 2397 REPRESENTATIVE KOTT agreed it would be nice for those representing the military personnel to have the opportunity to go door to door. He indicated there are reasons for the longstanding policy regarding campaigning, however, including security, whereas SJR 8 relates to voting locations on bases that existed previously. He questioned whether one could turn back regulations [regarding campaigning] that have been in effect for so long. Number 2474 REPRESENTATIVE MURKOWSKI noted that the letter from the general counsel, mentioned by Representative Hayes, opposes the congressional legislation. TAPE 01-2, SIDE B Number 2474 REPRESENTATIVE MURKOWSKI said in Alaska it has been a tradition to allow voting at Elmendorf AFB, Eielson AFB, Fort Richardson, and Fort Wainwright. She suggested adding clarification by inserting that it disrupts the traditional authority of the military base and post commanders "in Alaska". Based on that letter, she said, it would appear that the Department of Defense believes its policy has been longstanding prohibition, and that in Alaska it has been interpreted differently or ignored. Number 2426 SENATOR LEMAN said he couldn't speak to longstanding practice in other states, but believes in Alaska the longstanding practice has been to allow the voting, which has taken place without incident or complaints. SENATOR LEMAN referred to a letter in packets to Secretary of Defense William Cohen, dated October 17, 2000. He read from a paragraph on page 2 of the letter, which stated: Finally, H.R. 5174 provides ample discretion to the Department in choosing to allow these election operations when they are compatible with the facilities' mission. SENATOR LEMAN commented that it still leaves the discretion in the hands of the local commander. He continued reading: The practice of some base commanders who have made facilities available for service men and women, their families, and support staff is commendable especially in isolated areas. SENATOR LEMAN remarked that he believes [Alaska's] election law says the polling place will be in the precinct unless there is some compelling reason for it to be located elsewhere; not allowing voting on a base or post would violate that. He acknowledged that a compelling reason could exist when a school is closed for repairs, for example. Number 2333 REPRESENTATIVE MURKOWSKI referred again to the first "whereas" in SJR 8 [page 1, line 4], which read: WHEREAS the Department of Defense (DoD) issued a directive that disrupted the traditional authority of military base and post commanders to allow local election officials to set up voting booths at military installations; and REPRESENTATIVE MURKOWSKI again proposed saying it has disrupted the tradition in Alaska. SENATOR LEMAN said he has no problem with that clarification. He suggested the resolution is far more powerful if it speaks to Alaska's own tradition rather than another state's. Number 2253 SHELLY GROWDEN, Elections Supervisor, Central Region, Division of Elections, Office of the Lieutenant Governor, testified via teleconference. She advised members that in her jurisdiction are Fort Wainwright and Eielson AFB. During the 2000 election process, it was extremely difficult for her to get word regarding whether [the Division of Elections] would be allowed to have a polling place on base. She commented, "I believe I brought the directive to their attention once I learned of the directive and other states were having problems." MS. GROWDEN said for Eielson AFB's 6,000 voters, she was told on July 6, 2000 - a month before the primary election - that she couldn't have a polling place on base. That left her scrambling to find a new location. Furthermore, [the Division of Elections] is required to submit for preclearance through the Department of Justice, which requires about a 60-day process when there is a change in a polling place, and to notify the voters. That put unnecessary stress on Ms. Growden's office. She added, "And that is when we had requested assistance from [U.S.] Senator Ted Stevens and other congressional members on having the directive not be in place for the 2000 election cycle." MS. GROWDEN told members that as an election official, she doesn't want to see military voters just voting in presidential elections. They do participate, as they should, in local elections. If polling places were moved off base, she believes it would adversely affect voter turnout, "which is already low for our military voters." MS. GROWDEN specified that the Division of Elections supports this resolution; they are looking at elections coming up in 2001, wondering where the polling places will be. Although it may seem easy to move the polling places off base, these are very large, wholly contained precincts; only voters residing on the bases are assigned to those precincts. Few public facilities around these bases can be used to add another precinct; most of the public facilities already are being used as polling places, and it would put stress on those. Furthermore, if a polling place is moved from Eielson AFB, those voters will have to drive ten miles to North Pole, for example, and some may not have transportation. She strongly encouraged support of SJR 8. Number 2113 CAROL THOMPSON, Elections Supervisor, Southcentral Region, Division of Elections, Office of the Lieutenant Governor, testified via teleconference. Responsible for Elmendorf AFB and Fort Richardson, Ms. Thompson told members she didn't have the difficulties of Ms. Growden's area. However, she is supportive of continuing to have access to polling places on base. Fort Richardson's voters, for example, would have to travel a distance to a [different] polling place, which she agrees would probably lower voter turnout, especially in local elections. Ms. Thompson said she is very supportive [of SJR 8], and encouraged members' support. Number 2082 REPRESENTATIVE MURKOWSKI noted that although voter turnout was low statewide for the primary election, she believes District 14, which contains Elmendorf AFB, had the lowest turnout in the state. She asked whether Ms. Thompson attributes any of that to the change in polling place for Elmendorf AFB from the Talkeetna Theater, the traditional place, to Mount Spurr [Elementary School]. MS. THOMPSON replied that she received no public comment; to her knowledge, there were no complaints about the move. She then said no, she believes that the locations were well marked, and information was provided to the voters. She added that there was a really good turnout, she believes, for the general election. REPRESENTATIVE MURKOWSKI referred to written comments provided by Ms. Thompson, dated January 26. She noted that for Elmendorf AFB, the impact wouldn't be as great as for Fort Richardson, since other facilities are just outside the gates into Elmendorf AFB. Representative Murkowski said she lives on Government Hill; Government Hill Elementary is the voting place for her own precinct, which is right outside the gates. She pointed out that the school cannot accommodate the Elmendorf AFB voters. MS. THOMPSON replied that in the primary election, she had to move out of the elementary school and conduct voting at the Round and Square Dance (ph), which "has offered to let us come back." In reply to further comments, she affirmed that the Round and Square Dance could be the place for voting for Elmendorf AFB, although staying on base is preferred. Number 1935 REPRESENTATIVE HAYES noted that the letter from the General Counsel of the [Department of Defense] is very strong; it lays out [federal] criminal statutes that need to be changed, as well as other apparent problems regarding holding elections on bases or posts. He asked whether [the Division of Elections] has considered a backup plan if voting cannot be conducted on base. MS. THOMPSON replied that she had looked at other facilities. Keeping in mind that she could probably go to the Round and Square Dance area for Elmendorf AFB, another possibility is doing extensive recruitment, on voting by mail, for example. For Fort Richardson, she would have to try to find the closest facility outside the base, perhaps Muldoon Elementary School or something closer to Eagle River. Number 1887 REPRESENTATIVE MURKOWSKI referred to Senator Leman's mention of a requirement that "you have to have the polling place within your precinct unless there's some kind of extenuating circumstances." She asked whether that is in statute. MS. GROWDEN answered that [AS] 15.15.090 requires that a polling place be located inside the precinct unless there is a more suitable location in an adjoining precinct. In response to a further question, she agreed there is not a more suitable location off base, then said, "I would imagine that we would be in violation of our statute if we did move the locations off the bases. ... So perhaps we would be in violation or need a statutory change." Number 1822 REPRESENTATIVE KOTT noted that the letter from the General Counsel of the Department of Defense recommends that installation vendors not use their facilities for polling or voting sites because it may inadvertently violate one or more statutory prohibitions. Representative Kott said it isn't clear whether the conduct of those elections on the installation would violate it, but there is a potential. Recalling a discussion a couple of years ago, he asked whether the schools on the base weren't given back to the municipality. SENATOR LEMAN replied that it was more than two years ago when "fix-ups" were identified and 11 schools were fixed up to a standard "whereby we can transfer the school itself." He said the property that the school is on, he believes, is still owned by the Department of Defense or the GSA [General Services Administration] or some other entity; it was a convoluted ownership, and multiple agencies participated in the fix-ups. However, he believes that ownership of the schools themselves has been transferred, and they now are owned and operated by the local school districts. He said he may be wrong about some of them, but he believes that is what transpired. Number 1708 REPRESENTATIVE KOTT said if that is the case, he wonders whether those schools are now considered a part of the installation facilities; if not, there is no reason that polling locations couldn't be held in the schools. He wondered whether, once this memorandum came out, anyone had pursued that. He suggested that may be a loophole to get out from underneath this. SENATOR LEMAN agreed that is a possibility. He said he would guess that in the transfer agreement there probably is the provision that the school is still under the authority of the installation commander, certainly when it conflicts with the military mission; he would guess that they retain that overall oversight. He added, "But in terms of functioning as a school - and even, perhaps, as a polling place - you may be right. I just don't know. But that would be something interesting to pursue." He stated his understanding that there are "activities going on to fix this." He said he hopes it will happen soon. Number 1623 REPRESENTATIVE MURKOWSKI asked how much lead time the election supervisors online need in terms of getting notices out to the voters for these municipal elections that are coming up. MS. THOMPSON answered that the Municipality of Anchorage is in the process of recruiting its polling places. She added that "we" require 60 days' preclearance for a polling place change; at that time, voter notification would also have to be sent out, which has a pretty fast turnaround time. REPRESENTATIVE MURKOWSKI commented, "So you need to know now." MS. THOMPSON agreed. CHAIR CHENAULT thanked Ms. Growden and Ms. Thompson for their participation. Number 1561 REPRESENTATIVE HAYES asked Senator Leman what type of "fix" Alaska's congressional delegation is looking at, and whether there is now a piece of legislation in the Senate. He said it sounds as if some type of legislation will be needed to go with the criminal statutes, which he suggested provide some of the strongest arguments for not having polling places on posts or bases. SENATOR LEMAN specified that he believes that the best way to provide a permanent "fix" is through legislation passed by Congress and signed by the President. A short-term solution is to at least get the Department of Defense to modify or rescind its directive, to give states that have traditionally allowed this voting [the right] to continue. His understanding, he said, is that it is being pursued on both fronts. Number 1489 REPRESENTATIVE KOTT pointed out that the memorandum that suggests there may be a problem was issued in December 1999. However, Alaska has been doing elections on military installations for a long time. He said: It may be that somebody has interpreted the code differently. I think what I'll have my staff do is look up the code and see what provisions that they may think we would be violating, based on certain types of activity, and you could certainly craft a plan that, if narrowly constructed, could work around the possibilities that they're talking about in the memorandum, where you wouldn't violate anything, if you followed these .... I think we'll investigate the 18 U.S.C. statute and try to determine what, if anything, the problem was, by holding the polling locations on any of the military installations. That, and the school thing, ... may be what's needed to send the office that we got this directive from the whole story, give them the whole picture. REPRESENTATIVE KOTT suggested going back to the [school-related] legislation as well. [There was a brief mention by members that the schools in the Anchorage area had been transferred, and that members didn't know the status in Fairbanks.] CHAIR CHENAULT asked whether anyone else wished to testify; there was no response. Number 1375 REPRESENTATIVE MURKOWSKI made a motion to adopt a conceptual amendment in the first "whereas" clause [which began on page 1, line 4], to insert the words "in Alaska" after the word "commander[s]". She stated her understanding that the sponsor did not have a problem with that amendment. CHAIR CHENAULT asked whether there was any objection. There being no objection, the amendment was adopted. Number 1320 REPRESENTATIVE MURKOWSKI made a motion to move CSSJR 8(STA), as amended, out of committee with individual recommendations and the attached zero fiscal note. There being no objection, HCS CSSJR 8(MLV) was moved out of the House Special Committee on Military and Veterans' Affairs.
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